IN THE CASE OF:	  

		BOARD DATE:	  	  13 January 2008

		DOCKET NUMBER:  AR20080017083 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his records to show award of the Army Commendation Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Army Service Ribbon, and Marksman Marksmanship Qualification Badge.

2.  The applicant states, in effect, he believes the record to be in error because he received the Army Commendation Medal upon separation from active duty and the Army Reserve Components Achievement Medal and National Defense Service Medal during his service as a member of the U.S. Army Reserve (USAR); however the awards were not recorded on his discharge document.  He adds that he received the National Defense Service Medal before March 1991 while a member of the 50th General Hospital, 3rd Army in support of Operation Desert Storm.

3.  The applicant provides copies of two National Personnel Records Center (NPRC), Military Personnel Records, St. Louis, Missouri, letters, dated
18 January 2008 and 15 September 2008.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military personnel records show he enlisted in the USAR for a period of 8 years on 21 September 1984 and was ordered to active duty on
5 November 1984.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 91A (Medical Specialist).

3.  The applicant's military personnel records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he entered active duty on 5 November 1984, was honorably was released from active duty (REFRAD) for training on 21 June 1985, and transferred to the 50th General Hospital, Seattle, Washington.  At the time he had completed 7 months and 17 days net active service during this period and 1 month and 14 days total prior inactive service. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Service Ribbon and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The applicant’s military personnel records contain a copy of Headquarters, Detachment 2, 50th General Hospital, Bellingham, Washington, memorandum, dated 2 December 1989, subject:  Award of the Army Reserve Components Achievement Medal.  This document shows the applicant was authorized to wear this medal and that it was posted to his Personnel Qualification Record (PQR).

5.  The applicant's military personnel records contain a DA Form 2-1 (Personnel Qualification Record).  Item 35 (Record of Assignments), in pertinent part, shows he was ordered to active duty for a period of 23 weeks on 5 November 1984 and REFRAD on 21 June 1985 to return to his USAR unit of assignment.  This item also shows he was assigned to the 50th General Hospital, Seattle, Washington on 22 June 1985, and assigned to Detachment 2, 50th General Hospital, Bellingham, Washington on 1 July 1989.  There is no entry in Item 35 that shows the applicant was ordered to active duty after he was REFRAD on 21 June 1985.  Item 9 (Awards and Decorations) shows the applicant was authorized the Army Reserve Components Achievement Medal, Army Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar.



6.  The applicant's military personnel records contain a copy of Headquarters, U.S. Army Reserve Command, Fort McPherson, Georgia, Orders 027-035, dated 5 November 1992, that show he was honorably discharged from the USAR, effective 5 November 1992.

7.  The applicant’s military personnel records are absent orders or any other evidence that shows he was awarded the Army Commendation Medal.

8.  In support of his application, the applicant provides a copy of an NPRC, Military Personnel Records (MPR), St. Louis, Missouri, letter, dated 18 January 2008, that shows the NPRC authorized shipment of the Army Commendation Medal, Army Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar to the applicant based on documents provided by the applicant and/or official documents.  The applicant also provides a copy of NPRC, MPR, letter, dated 15 September 2008, that shows the NPRC authorized shipment of the Army Reserve Components Achievement Medal, Army Service Ribbon, and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar based on documents provided by the applicant and/or official documents.  The two letters also advised the applicant that false representation of entitlement to any decoration, service medal or badge of the Armed Forces of the United States may result in prosecution under the provisions of the Stolen Valor Act of 2005.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Reserve Components Achievement Medal is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Since 3 March 1972 the medal has been authorized on completion of 4 years service with a Reserve Component unit.  The individual must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change was not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.

11.  Military Personnel Message Number 02-150, subject:  Reinstatement of the National Defense Service Medal, referenced Office of the Deputy Secretary of Defense Memorandum, same subject, dated 26 April 2002.  The memorandum authorized reinstatement of the National Defense Service Medal.  It stated that the National Defense Service Medal is awarded for honorable active service and includes the following service periods:  27 July 1950 to 27 July 1954; 1 January 1961 to 14 August 1974; 2 August 1990 to 30 November 1995; and
11 September 2001 to a date to be determined.  It stated that, as a one-time only exception, members of the Army National Guard (ARNG) and USAR who were part of the Selected Reserve in good standing were authorized the National Defense Service Medal per Executive Orders 12776, dated 18 October 1991, for the period 2 August 1990 to 30 November 1995.  A bronze service star will be worn to signify receipt of a second or subsequent award.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the Army Commendation Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Army Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar.

2.  The evidence of record shows that the applicant successfully completed initial entry training and was awarded the Army Service Ribbon.  The evidence of record also shows that the Army Service Ribbon is recorded on the applicant’s DD Form 214.
 
3.  The evidence of record shows that the applicant qualified and was authorized the Marksman Marksmanship Qualification Badge with Rifle Bar.  The evidence of record also shows that the Marksman Marksmanship Qualification Badge with Rifle Bar is recorded on the applicant’s DD Form 214.

4.  The evidence of record shows the applicant was awarded the Army Reserve Components Achievement Medal on 2 December 1989 based on completion of
4 years service with a Reserve Component unit.  The evidence of record also shows this award is recorded on his DA Form 2-1 (PQR).  The evidence of record further shows that the Army Reserve Components Achievement Medal was awarded subsequent to the issuance of the applicant’s DD Form 214, with an effective date of 21 June 1985.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show this award.

5.  The evidence of record shows that the National Defense Service Medal was authorized for reinstatement, as a one-time only exception, to members of the ARNG and USAR who were part of the Selected Reserve in good standing during the period 2 August 1990 to 30 November 1995.  The evidence of record also shows that the applicant was issued a DD Form 214 for the period of service from 5 November 1984 through 21 June 1985.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show this service medal.

6.  There are no orders or other evidence that shows the applicant was awarded the Army Commendation Medal.  In support of his claim, the applicant provides a copy of an NPRC, MPR, St. Louis, Missouri, letter, dated 18 January 2008, that shows the NPRC authorized shipment of the Army Commendation Medal to the applicant based on documents provided by the applicant and/or official documents.  However, the applicant fails to provide documentary evidence that supports his claim that he was awarded the Army Commendation Medal, and his records are absent any evidence that he was awarded the Army Commendation Medal.  Therefore, there is no basis for correcting the applicant’s records in this instance.

7.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Therefore, there is no justification for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ___X____  ____X___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080017083



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ABCMR Record of Proceedings (cont)                                         AR20080017083



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